Americans with Disabilities Act – 1990

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What is the American with Disabilities Act?

American Disabilities Act is the protection of rights of disable citizens of the society. According to this Act, there is no discrimination on the bases of Disabilities. Now, this disability can be mental and physical. According to this law, everyone equal opportunity to grow. This is to observe everywhere, in the office, in school. They can avail travel facilities like a common man. The Act ensures the fair ability of favorable environment for mentally and physically disabled persons.

Who is entitled to receive benefits?

Everyone is entitled to receive benefits who is disabled. Now the question is who is “disable”. The disability means the inability to perform some task properly without any assistance. This disability has adverse effects on carrying day to day routine tasks. This disability is long term will continue for a year or more.

However, there is no specific list of disabilities cover in this term, but below, we enlist a few disabilities who are entitled to receive benefits under ADA.

  • Diabetes
  • Blindness
  • Deafness
  • Autism
  • Partial or Missing limbs
  • Cerebral Palsy
  • Intellectual disabilities
  • Emotional disabilities

ADA for Travelers

American Discrimination Act covers disable person moving through public transportation. According to this Act transportation company is responsible for providing facilities for the ease of Disables. Moreover, public transport agencies are obliged to provide Paratransit Services. This Act is equally applicable for private transportation business. Airport shuttle, buses, taxis, and hotel shuttles are part of private transportation covers.

The ADA doesn’t applicable on Air transportation. For air transportation, there is Air Carrier Access Act. According to Air Carrier Transportation, international and domestic passenger airlines are responsible for transporting those with any physical or mental disability. There are airlines which provide wheelchair facilities. According to ADA, airlines are responsible for taking ESA along with the emotional disordered person.

ADA at the workplace:

Well, American Discrimination Act protects disable citizens in their offices. There should be no discrimination in any regard. They should get equal pay, hiring process, promotion, and firing as any other employee would. Besides discrimination, this law entitles the employer to provide the necessary infrastructure to the worker. However, that infrastructure shouldn`t be massive on the pocket of the employer. Any company or business should follow ADA if it has 15 or more employees.

Here a question arises who is disable or to what extent disability is remarkable.

So a disabled person is the one who can easily carry essential duties of the job if the employer can provide reasonable accommodation. Those accommodations are for ease of the employee and are not undue.

ADA at Education

American Discrimination Act is the fourth amendment in the original ADA. With this change, it is known as IDEA. IDEA stands for Individual Disabilities Education Act.  According to this, free education will be provided to one who is disabled as per the American Disability Act. The education will be according to the student`s need. Through this change in Act, everyone is supposed to get equal education and standard as some normal would be. Here not only physical but mental and emotional disorders are covered. Even slow learners got facilitation under this Act. So if your child faces some difficulty in learning or memorizing, you can seek individual facilities.

Depression and ADA

There is somewhat confusing that is depression covers in ADA, or it is any disability. SO if you are one is facing depression, you can ask your employee for special arrangements. Reasonable accommodation means a change in shift, workload, placement, and timings. However, it shouldn`t cause undue pressure on the employer.

What is not covered under ADA?

There are certain conditions where American Discrimination Act doesn’t work.

1-ADA doesn’t cover minor Act or disabilities which are supposed to go by their own. Temporary disabilities are not handled through this law.

2-There are specific emotional disabilities which don’t lie in the protection zone of this Act. Those are

O    Irritability

O    Adjustment disorders

O    Relationship Troubles

O    Illegal use of drugs

Well if you have some depression, so it is up to you to disclose it to the employee or not